Legislation Flashcards
Define Sexual Violation
Sexual Violation is the act of a person who:
a) Rapes another person; or
b) Has unlawful sexual connection with another Person
Define Rape
Person A rapes Person B if Person A has sexual connection with Person B, effected by the penetration of Person B’s genitalia by Person A’s penis.
a) without Person B’s consent to the connection; AND
b) without believing on reasonable grounds that person B consents to the connection.
Define Unlawful Sexual Connection
Person A has unlawful sexual connection with Person B, if Person A has sexual connection with Person B -
a) Without Person B’s consent to the connection; AND
b) Without believing on reasonable grounds that person B consents to the connection.
Define Sexual Connection
Sexual connection means:
a) Sexual connection effected by the introduction into the genitalia or anus of one person, otherwise than for genuine medical purposes, of -
i) A part of the body of another person: or
ii) An object held or manipulated by another person; OR
b) Connection between the mouth or tongue of one person and a part of another person’s genitalia or anus: OR
c) The continuation of connection of a kind described in paragraph (a) or paragraph (b)
Penetration
The extent of penetration is not relevant; any degree of penetration, no matter how slight or fleeting is sufficient.
Proof of penetration may be established by:
- the complainants evidence
- medical examination, including physical injuries and DNA evidence
- the defendant’s admissions
Define Genitalia
includes a surgically constructed or reconstructed organ analogous to naturally occurring male or female genitalia
(whether the person concerned is male, female or of indeterminate sex.)
R V KOROHEKE
The genitalia comprise the reproduction organs, interior and exterior…they include the vulva (and) the labia, both interior and exterior, at the opening of the vagina.
Define Penis
Includes any surgically constructed or reconstructed organ analogous to a naturally occurring penis (whether the person
concerned is male, female or of indeterminate sex.)
‘Objects held or manipulated’
Applies to anything, other than a part of his (offender’s) body used to penetrate the complainant’s genitalia or anus.
‘Genuine Medical Purposes’
Some medical procedures involve penetration of the patient’s genitalia or anus by a doctor.
Provided this is done for genuine medical reasons, such penetration is excluded from sexual connection.
‘Oral Sexual Connection’
Oral Sexual Connection - any touching of a person’s genitalia or anus with another person’s mouth or tongue is sufficient.
‘Continuation’
Where sexual activity is started consensually, but consent is later withdrawn.
‘No presumption because of age’
Means that any person of any age is capable in a legal sense, of being involved in sexual connection.
